The High Court of Karnataka at Bengaluru dismissed a Criminal Petition on Section 438 CrPC seeking anticipatory bail for offences under the IPC. The court found the petition pending for over a year where the petitioner's counsel was absent and showed no interest in prosecuting.
The petition is dismissed for nonprosecution by giving liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.2075 OF 2020
BETWEEN:
... PETITIONERS
[BY SRI SANDEEP LAHIRI, ADV. (ABESENT)]
AND:
STATE OF KARNATAKA BY GAURIBIDANUR TOWN POLICE STATION, CHIKKABALLAPUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
... RESPONDENT
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.6 OF 2020 REGISTERED BY GOWRIBIDANUR TOWN POLICE STATION, CHIKKABALLAPURA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420 AND 120B READ WITH SECTION 34 OF THE IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Sri Sandeep Lahiri, learned counsel for the
petitioners, is absent.
This petition is filed on 10-3-2020 and is pending for more than one year three months. From the record, it appears that the learned counsel for the petitioners is not interested in prosecuting the case.
Accordingly, the petition is dismissed for nonprosecution by giving liberty.
Sd/JUDGE
kvk
1 issue framed by the court
Whether an anticipatory bail petition filed for offences under Sections 406, 420 and 120B IPC should be allowed given non-prosecution by the petitioner's counsel.
2 provisions across 2 enactments
SMT. PRABHAVATI W/O. HANUMANTHARAYAPPA
KUM. TEJASWINI D/O. HANUMANTHARAYAPPA
STATE OF KARNATAKA
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
